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CIVIC HERALD
HR 3898 · 119th Congress · HouseIn committee

PERMIT Act

Provisional: our plain-language summary, pending review.

In plain language: This bill eases Clean Water Act permitting rules and limits federal and state regulatory authority over energy, construction, and agricultural activities. It extends maximum water discharge and dredge-and-fill permit terms from 5 to 10 years, exempts agricultural stormwater, approved pesticide spraying, and wildfire retardant from standard discharge permits, and excludes ephemeral streams, groundwater, and farm drainage from federal jurisdiction. Additionally, it narrows states' power to deny or condition water quality certifications for interstate energy projects, imposes shorter deadlines and stricter standing requirements on legal challenges against approved permits, and restricts the Environmental Protection Agency’s ability to veto Army Corps development permits after they are issued.

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Provisionalunreviewed: impact, issue tags, provisions, stakeholders, summary
People affected—Not determinable from the text; the bill broadly alters federal environmental permitting frameworks and regulatory jurisdiction affecting nationwide infrastructure, municipal, and agricultural entities rather than an enumerated group of individuals.
Fiscal magnitude—no CBO estimate published
Reach
provisional · pending review74rigor: heuristic llm
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Issues

What this bill touches.

Pollution & development−70Courts & liability−60Federal vs. state/localFarm policy & subsidies−30

The sign shows the bill's direction on each issue (+ toward, − away); the number is its magnitude. Color never encodes good or bad, and never party.

Who it affects

Who it helps · who it burdens.

Provisional: our reading of who it affects, pending review.

Who it helps

  • Industrial and municipal point source discharge permitteesExtends NPDES permit terms from 5 to 10 years (Sec. 7), expands the permit shield defense to cover unlisted pollutants disclosed during application or present in identified processes (Sec. 8(a)), requires EPA and states to consider technology costs and commercial availability when setting criteria and effluent limits (Sec. 2(b), Sec. 4), and requires water quality-based limits to provide clear numerical limits or actions (Sec. 8(b)).provisional
  • Agricultural producers and farmersExempts precipitation-driven stormwater runoff and subsurface drainage from Clean Water Act discharge permits (Sec. 10), exempts approved pesticide applications from discharge permits (Sec. 11), excludes prior converted cropland and ephemeral features from the definition of navigable waters (Sec. 20), and raises aboveground oil storage capacity thresholds that exempt farms from Spill Prevention, Control, and Countermeasure rules (Sec. 21).provisional
  • Energy pipeline and linear infrastructure developersMandates 10-year nationwide Section 404 permits for linear infrastructure and pipeline projects (Sec. 13), exempts nationwide permit reissuances from Endangered Species Act consultations (Sec. 13), limits Section 401 water quality certification reviews strictly to direct point source discharge compliance (Sec. 5), and imposes tight 30-day filing deadlines and strict economic-harm standing requirements for lawsuits challenging interstate energy project certifications (Sec. 5).provisional
  • Mining and resource extraction operatorsRevises compensatory mitigation regulations to credit activities under approved reclamation plans toward aquatic mitigation requirements, take into account the temporary nature of impacts, consider existing financial assurances, and authorize the sale or transfer of surplus mitigation credits (Sec. 18).provisional
  • State environmental agencies administering or seeking dredge-and-fill permit programsRatifies state-administered Section 404 dredge-and-fill permit programs in Michigan, New Jersey, and Florida and prevents EPA from revoking them without an Act of Congress (Sec. 16), while requiring EPA to streamline regulations and adhere to a 45-day deadline for requesting additional info on state program assumption requests (Sec. 14, Sec. 17).provisional

Who it burdens

  • State and interstate water quality certifying agenciesLimits Section 401 review authority to direct discharges and compliance with enumerated Clean Water Act sections, requires publication of certification requirements within 30 days, mandates written deficiency notices within 90 days, removes state authority to directly enforce certification conditions attached to federal licenses, and requires states to evaluate cost-effectiveness and technology availability when setting water quality standards (Sec. 2(a), Sec. 5).provisional
  • Environmental and community litigants challenging Clean Water Act permitsRestricts legal challenges against Section 404 permits and state program approvals by establishing a 60-day filing deadline, limiting standing solely to parties who filed detailed administrative comments on the specific issue, and prohibiting courts from vacating or halting permits on remand unless there is imminent and substantial danger to human health or the environment (Sec. 15).provisional
  • Environmental Protection AgencyBars EPA from prohibiting or restricting Section 404 dredge-and-fill disposal sites before an application is submitted or after the Army Corps issues a permit (Sec. 12), and prohibits EPA from withdrawing approval of Section 404 programs in Michigan, New Jersey, and Florida without congressional action (Sec. 16).provisional

Dollar-level funding (FEC sector totals) is coming in a later phase.

What it does

The provisions, in plain language.

Provisional: our reading of what the bill does, pending review.

Show all 27 provisions
  1. Limits state and EPA Clean Water Act Section 401 reviews strictly to direct point source discharge compliance, sets mandatory application timelines, restricts enforcement of certification conditions solely to the federal licensing agency, and shortens legal challenge windows for interstate energy projects.

    Sec. 5provisional
  2. Extends the maximum duration of National Pollutant Discharge Elimination System (NPDES) permits from 5 years to 10 years.

    Sec. 7provisional
  3. Expands the NPDES permit shield by deeming permittees in full compliance for unlisted pollutants that were disclosed during the application process or that occur in identified waste streams and facility operations.

    Sec. 8(a)provisional
  4. Exempts federally approved pesticide applications and residues from Clean Water Act permitting, except for applications violating federal pesticide law, industrial or municipal wastewater, vessel discharges, and regulated stormwater.

    Sec. 11provisional
  5. Bars EPA from prohibiting, restricting, or vetoing Section 404 dredge-and-fill disposal sites before an applicant submits a complete permit application or after the Army Corps issues the permit.

    Sec. 12(a)-(b)provisional
  6. Extends Section 404 general permits to 10-year terms, mandates nationwide permits for linear infrastructure and energy pipelines, and exempts nationwide permit renewals from Endangered Species Act consultations while allowing environmental assessments under NEPA.

    Sec. 13provisional
  7. Establishes a 60-day statute of limitations on lawsuits challenging Section 404 permits or state program approvals, limits legal standing to participating commenters, and prohibits courts from revoking or pausing permits on remand unless there is imminent and substantial danger to health or the environment.

    Sec. 15provisional
  8. Amends the Clean Water Act definition of "navigable waters" to explicitly exclude waste treatment systems, ephemeral streams that flow only after rain, groundwater, and qualified prior converted cropland used for agriculture within the preceding 10 years.

    Sec. 20provisional
  9. Requires states to evaluate the cost-effectiveness of combined sewer overflow controls and consider the commercial availability and cost of demonstrated treatment technologies when reviewing or setting water quality standards.

    Sec. 2(a)provisional
  10. Requires the EPA Administrator to consider the cost and commercial availability in the United States of demonstrated treatment technologies when developing or updating federal water quality criteria.

    Sec. 2(b)provisional
  11. Requires EPA to issue all new or revised water quality criteria through formal rulemaking and makes those rules directly reviewable in federal appeals courts.

    Sec. 3(a)-(b)provisional
  12. Requires EPA to consider the commercial availability and demonstrated scale of technologies when establishing effluent limitation guidelines for industrial point sources.

    Sec. 4provisional
  13. Authorizes EPA to issue nationwide and regional general discharge permits, requires two years' advance notice if an expiring general permit will not be renewed, and automatically keeps expired general permits in effect until replaced or formally discontinued.

    Sec. 6provisional
  14. Requires that any water quality-based effluent limits added to discharge permits specify the exact pollutant and provide clear numerical limits or specific required control measures.

    Sec. 8(b)provisional
  15. Exempts aerial applications of U.S. Forest Service-approved fire control and suppression products from Clean Water Act discharge permit requirements.

    Sec. 9provisional
  16. Prohibits EPA and states from requiring discharge permits for precipitation-driven stormwater runoff or subsurface drainage from agricultural lands.

    Sec. 10provisional
  17. Requires EPA to request any additional needed information within 45 days of receiving a state's application to assume dredge-and-fill permitting authority.

    Sec. 14provisional
  18. Ratifies state-administered Section 404 dredge-and-fill permit programs in Michigan, New Jersey, and Florida, barring EPA from revoking their approval without an act of Congress.

    Sec. 16provisional
  19. Directs EPA to review and revise its regulations within 180 days to streamline the process for states seeking to assume federal dredge-and-fill permitting authority.

    Sec. 17provisional
  20. Directs the Army Corps and EPA to revise aquatic mitigation rules to increase flexibility across mitigation options and credit approved land reclamation plans toward mitigation requirements.

    Sec. 18provisional
  21. Requires the Army Corps of Engineers to reallocate personnel and resources within 60 days to eliminate backlogs of Section 404 permit applications and jurisdictional determinations.

    Sec. 19provisional
  22. Raises the aboveground oil storage capacity thresholds that exempt agricultural farms from federal Spill Prevention, Control, and Countermeasure plan rules.

    Sec. 21provisional
  23. Encourages states to participate in expedited FAST-41 coordinated environmental reviews for major infrastructure projects requiring state clean water authorizations.

    Sec. 22provisional
  24. Expresses the sense of Congress that the federal government should take a cooperative approach with watershed states and D.C. regarding compliance with the Chesapeake Bay Total Maximum Daily Load.

    Sec. 23provisional
  25. Directs the Army Corps of Engineers to identify federal parcels suitable for groundwater and aquifer recharge and establish streamlined permitting processes for recharge projects.

    Sec. 24provisional
  26. Directs EPA to establish a voluntary pilot program for agricultural producers to support state-led water quality improvements in waters impaired by nitrogen or phosphorus.

    Sec. 25provisional
  27. Authorizes the U.S. Section of the International Boundary and Water Commission to accept public and private funds (excluding funds from foreign countries of concern) for wastewater, water conservation, and flood control projects, with annual reimbursements capped at $5 million.

    Sec. 26provisional
  1. Limits state and EPA Clean Water Act Section 401 reviews strictly to direct point source discharge compliance, sets mandatory application timelines, restricts enforcement of certification conditions solely to the federal licensing agency, and shortens legal challenge windows for interstate energy projects.

    Sec. 5provisional
  2. Extends the maximum duration of National Pollutant Discharge Elimination System (NPDES) permits from 5 years to 10 years.

    Sec. 7provisional
  3. Expands the NPDES permit shield by deeming permittees in full compliance for unlisted pollutants that were disclosed during the application process or that occur in identified waste streams and facility operations.

    Sec. 8(a)provisional
  4. Exempts federally approved pesticide applications and residues from Clean Water Act permitting, except for applications violating federal pesticide law, industrial or municipal wastewater, vessel discharges, and regulated stormwater.

    Sec. 11provisional
  5. Bars EPA from prohibiting, restricting, or vetoing Section 404 dredge-and-fill disposal sites before an applicant submits a complete permit application or after the Army Corps issues the permit.

    Sec. 12(a)-(b)provisional
  6. Extends Section 404 general permits to 10-year terms, mandates nationwide permits for linear infrastructure and energy pipelines, and exempts nationwide permit renewals from Endangered Species Act consultations while allowing environmental assessments under NEPA.

    Sec. 13provisional
  7. Establishes a 60-day statute of limitations on lawsuits challenging Section 404 permits or state program approvals, limits legal standing to participating commenters, and prohibits courts from revoking or pausing permits on remand unless there is imminent and substantial danger to health or the environment.

    Sec. 15provisional
  8. Amends the Clean Water Act definition of "navigable waters" to explicitly exclude waste treatment systems, ephemeral streams that flow only after rain, groundwater, and qualified prior converted cropland used for agriculture within the preceding 10 years.

    Sec. 20provisional

How your members of Congress line up

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The record

How members voted on PERMIT Act.

Recorded roll calls on this bill, most recent first. Open one to see each member's position.

  • House · Dec 11, 2025 · YEA-AND-NAY

    On Passage · Passed

    Source →
  • House · Dec 11, 2025 · YEA-AND-NAY

    On Motion to Recommit · Failed

    Source →

Timeline

How it moved.

Show all 34 actions
  1. Dec 15, 2025Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
  2. Dec 11, 2025Motion to reconsider laid on the table Agreed to without objection.
  3. Dec 11, 2025On passage Passed by the Yeas and Nays: 221 - 205 (Roll no. 330).
  4. Dec 11, 2025Passed/agreed to in House: On passage Passed by the Yeas and Nays: 221 - 205 (Roll no. 330).
  5. Dec 11, 2025On motion to recommit Failed by the Yeas and Nays: 210 - 216 (Roll no. 329).
  6. Dec 11, 2025The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
  7. Dec 11, 2025Ms. McDonald Rivet moved to recommit to the Committee on Transportation and Infrastructure. (text: CR H5793)
  8. Dec 11, 2025Considered as unfinished business. (consideration: CR H5793-5794)
  9. Dec 11, 2025Pursuant to clause 1(c) of rule XIX, the House resumed consideration on HR 3898.
  10. Dec 11, 2025POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced further proceedings on H.R. 3898 would be postponed.
  11. Dec 11, 2025The House adopted the amendments en gros as agreed to by the Committee of the Whole House on the state of the Union.
  12. Dec 11, 2025The previous question was ordered pursuant to the rule.
  13. Dec 11, 2025The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3898.
  14. Dec 11, 2025DEBATE - Pursuant to the provisions of H. Res. 936, the Committee of the Whole proceeded with 10 minutes of debate on the Peters amendment No. 8.
  15. Dec 11, 2025DEBATE - Pursuant to the provisions of H. Res. 936, the Committee of the Whole proceeded with 10 minutes of debate on the Nunn (IA) amendment No. 7.
  16. Dec 11, 2025DEBATE - Pursuant to the provisions of H. Res. 936, the Committee of the Whole proceeded with 10 minutes of debate on the Crawford amendment No. 6.
  17. Dec 11, 2025DEBATE - Pursuant to the provisions of H. Res. 936, the Committee of the Whole proceeded with 10 minutes of debate on the Biggs (AZ) amendment No. 4.
  18. Dec 11, 2025DEBATE - Pursuant to the provisions of H. Res. 936, the Committee of the Whole proceeded with 10 minutes of debate on the Biggs (AZ) amendment No. 3.
  19. Dec 11, 2025DEBATE - Pursuant to the provisions of H. Res. 936, the Committee of the Whole proceeded with 10 minutes of debate on the Babin amendment No. 2.
  20. Dec 11, 2025DEBATE - Pursuant to the provisions of H. Res. 936, the Committee of the Whole proceeded with 10 minutes of debate on the Bean (FL) amendment No. 1.
  21. Dec 11, 2025GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3898.
  22. Dec 11, 2025The Speaker designated the Honorable Addison P. McDowell to act as Chairman of the Committee.
  23. Dec 11, 2025House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 936 and Rule XVIII.
  24. Dec 11, 2025Rule provides for consideration of H.R. 3898, H.R. 3383, H.R. 3638, H.R. 3628, H.R. 3668 and S. 1071. The resolution provides for consideration of H.R. 3898, H.R. 3383, H.R. 3638, and H.R. 3628 under a structured rule; and H.R. 3668 and S. 1071 under a closed rule. The resolution provides for one motion to recommit on H.R. 3898, H.R. 3383, H.R. 3638, H.R. 3628, and H.R. 3668; and one motion to commit on S. 1071.
  25. Dec 11, 2025Considered under the provisions of rule H. Res. 936. (consideration: CR H5768-5787; text of amendment in the nature of a substitute: CR H5775-5779)
  26. Dec 9, 2025Rules Committee Resolution H. Res. 936 Reported to House. Rule provides for consideration of H.R. 3898, H.R. 3383, H.R. 3638, H.R. 3628, H.R. 3668 and S. 1071. The resolution provides for consideration of H.R. 3898, H.R. 3383, H.R. 3638, and H.R. 3628 under a structured rule; and H.R. 3668 and S. 1071 under a closed rule. The resolution provides for one motion to recommit on H.R. 3898, H.R. 3383, H.R. 3638, H.R. 3628, and H.R. 3668; and one motion to commit on S. 1071.
  27. Jul 2, 2025Placed on the Union Calendar, Calendar No. 145.
  28. Jul 2, 2025Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 119-180.
  29. Jun 25, 2025Ordered to be Reported (Amended) by the Yeas and Nays: 34 - 30.
  30. Jun 25, 2025Committee Consideration and Mark-up Session Held
  31. Jun 25, 2025Subcommittee on Water Resources and Environment Discharged
  32. Jun 13, 2025Referred to the Subcommittee on Water Resources and Environment.
  33. Jun 11, 2025Referred to the House Committee on Transportation and Infrastructure.
  34. Jun 11, 2025Introduced in House
  1. Dec 15, 2025Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
  2. Dec 11, 2025Motion to reconsider laid on the table Agreed to without objection.
  3. Dec 11, 2025On passage Passed by the Yeas and Nays: 221 - 205 (Roll no. 330).
  4. Dec 11, 2025Passed/agreed to in House: On passage Passed by the Yeas and Nays: 221 - 205 (Roll no. 330).
  5. Dec 11, 2025On motion to recommit Failed by the Yeas and Nays: 210 - 216 (Roll no. 329).
  6. Dec 11, 2025The House adopted the amendments en gros as agreed to by the Committee of the Whole House on the state of the Union.
  7. Dec 9, 2025Rules Committee Resolution H. Res. 936 Reported to House. Rule provides for consideration of H.R. 3898, H.R. 3383, H.R. 3638, H.R. 3628, H.R. 3668 and S. 1071. The resolution provides for consideration of H.R. 3898, H.R. 3383, H.R. 3638, and H.R. 3628 under a structured rule; and H.R. 3668 and S. 1071 under a closed rule. The resolution provides for one motion to recommit on H.R. 3898, H.R. 3383, H.R. 3638, H.R. 3628, and H.R. 3668; and one motion to commit on S. 1071.
  8. Jul 2, 2025Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 119-180.
  9. Jun 25, 2025Ordered to be Reported (Amended) by the Yeas and Nays: 34 - 30.
  10. Jun 11, 2025Introduced in House

The original text

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Sources & provenance

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Cite this page

Civic Herald. “PERMIT Act (H.R. 3898, 119th Congress).” https://civicherald.app/bills/119-hr-3898. Congress.gov record as of Jul 13, 2026.

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